How I beat an HOV lane ticket

[posplayr]

Congratulations Cliff; should be interesting reading. Those lane splitting rules are complicated enough, but with the Dimond/HOV rules couple in with , it is really cornfusing for us Hilly billy folks up in SB county.


P.S. I don't understand the pdf diagram (which way were you traveling and where was your motorcycle?)

[BassCliff]

Hi,

Thank you for all the accolades. I just did my homework and hoped for the best. For the sake of full disclosure, I do not know whether the judge liked my case enough to find me not guilty or if the CHP officer dropped the ball and just didn't do his homework. But this was my process.

After receiving an appearance notice (which had to be filled out and returned), I also obtained this form from one of the online resources above, filled it out, and mailed it all in via registered mail (optional - but recommended), along with bail, to the court in order to submit my 'not guilty' plea by mail. This had to be postmarked no later than 5 days before the appearance date on my original citation (11/24/10).



In return I received a form which allowed me to request a Trial By Declaration. It also had a due date. I received the citation on 9/23. My appearance date was 11/24 (yes, the day before Thanksgiving). The Trial By Declaration paperwork had to be in by 12/27/10. I also sent it in via registered mail. That way I would have a receipt of the court clerk accepting my paperwork.

This is the document (.doc, about 3MB) I submitted to plead my case. This is a diagram (PDF, 25kb) that was included.

Then today, 2/3/11, I received a "Decision and Notice of Decision" which stated that:

1. The court's decision was entered on 01/14/11
2. Bail amt. $466.
3. The court finds the defendant:
a. Violation #1 (describe) 216558A VC NOT GUILTY
4. N/A
5. Clerk shall refund to the defendant the following amount:
a. Bail amt. $466.
6. Other orders:
Not Guilty, Trial By Dec.

It was signed by the Judicial Officer.

Needless to say I was quite pleased with the decision. I guess I'll never know if it was my legal skill or the fact that the CHP officer didn't want to play.

Would it be tempting fate if I were to carry this decision with me while I ride? That way I can show it to the the next CHP officer who thinks that I'm easy pickin's.


Thank you for your indulgence,

BassCliff

[BassCliff]

P.S. I don't understand the pdf diagram (which way were you traveling and where was your motorcycle?)

Hi Jim,

In the diagram the traffic is traveling "down" the page. Basically it is a diagram of the eastbound lanes of the 10 fwy as you are standing on an overpass looking to the west. My motorcycle was in the "buffer zone" between the double yellow and the white line, splitting the lane between the carpool lane (HOV) and the fast lane (#1).

I'm sure it will all be clear once you read my case notes.


Thank you for your indulgence,

BassCliff

[Billy Ricks]

And I would like a pic of that '06 Toyota motorcycle.

Well, here's the bike he thought was an '06 Toyota. He did get the color right on the ticket.

[2BRacing]

Congratulations on your submission and "not guilty" result! Just goes to show how knowledge of the traffic regulations can be used in your favour. Here in South Africa we do not have HOV lanes yet, but rather "Bus Lanes" for use by buses only during peak hour periods. Cameras on overhead gantries monitor infringements by cars in the bus lane during these peak hour periods, and tickets are issued to offenders. Not quite sure what the rules are regarding motorcycles in that lane - will have to brush up on the regs!

[Dave8338]

Funny...the HOV lanes in and around the metro here, are specifically open to bikes, vehicles with two or more occupants and buses.

[Billy Ricks]

Funny...the HOV lanes in and around the metro here, are specifically open to bikes, vehicles with two or more occupants and buses.

Same here in Texas. Bikes have always been able to use the HOV lanes.

[caligs]

Well, here's the bike he thought was an '06 Toyota. He did get the color right on the ticket.

So having the officer mistaken your Suzi to a Toyota helped?If so maybe i'll change my tank decal to a Toyota one...

[BassCliff]

Funny...the HOV lanes in and around the metro here, are specifically open to bikes, vehicles with two or more occupants and buses.

Hi Dave,

It is legal for motorcycles to use the HOV lanes here in CA too. The law was changed many years ago making it legal. However, you can enter and exit the HOV lanes only in designated areas. My whole case was based on the fact that I was splitting the lane and never entered (or exited) the HOV lane.


Thank you for your indulgence,

BassCliff

[RacingJake]

Aren't HOV lanes normally found on Freeways............ like free way

[Ranger]

Good job. I watch CHP officers on their bikes ride that line all the time. I've actually had one get behind me and follow me thru it with me and give me a nod when I moved over.

I tend to stay away from LEO's now. Just had a nice run in this afternoon which led to a not so nice visit with the sheriffs.